Here's the latest letter dated April 25 from Access Copyright counsel to the Board. It follows AUCC's abrupt withdrawal and apparent abandonment of dozens of universities that are unhappy with what’s been happening at the Copyright Board.
This letter confirms that AC – with the apparent blessing, no less, of AUCC – is willing to let those institutions that sign onto the model agreement off the hook for further interrogatory burdens and a Board-ordered survey that is bound to be truly invasive. However, for those that don’t want to sign it, there is an explicit threat to impose further interrogatory pressure and an undoubtedly very invasive survey. It’s ridiculous to refer to the “negotiation” of a survey when there is nobody there to “negotiate” for the dissatisfied universities. This is what will apparently unfold without opposition – unless opposition coalesces quickly. It is difficult to understand how AUCC could have let this come to happen in a manner that is not simply a “surrender”, as Techdirt calls it, but is actually very helpful to Access Copyright.
There may be options for stopping these kind of pressure tactics, but this is not the forum for that discussion.